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Tag Archives: Judge Robert P. Frank

Collateral Estoppel Does Not Apply in Simultaneous Prosecution (access required)

Although a jury acquitted defendant on charges of malicious wounding, attempted murder, use of a firearm and shooting into an occupied vehicle, collateral estoppel did not bar the trial judge in a bench trial from convicting defendant of a remaining ...

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Texting Driver Can Be Convicted of DUI, Manslaughter (access required)

A trial court was not required, after defendant’s DUI conviction, to dismiss defendant’s indictment for vehicular aggravated involuntary manslaughter as a violation of the federal constitutional Double Jeopardy Clause and Va. Code § 19.2-294, and the Court of Appeals affirms ...

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Criminal – Drug Possession – Valid Prescription – Element Of Offense (access required)

The Court of Appeals rejects defendant’s claim that the Virginia statute articulating an exception to the statute that prohibits possession of a prescription controlled drug without a valid prescription violates defendant’s due process rights by shifting the commonwealth’s burden to ...

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Search & Seizure – Investigatory Stop – Public Housing – Trespass (access required)

When officers seized defendant as he began walking away from a posted public housing project, they recognized him from previous encounters, he was on private property, in a high-crime area, and had made furtive gestures, and the Court of Appeals ...

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